RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03286 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His fitness assessment (FA) scores dated 30 March 2012 and 18 June 2012 be removed from the Air Force Fitness Management System (AFFMS). ________________________________________________________________ APPLICANT CONTENDS THAT: 1. He was tested on 30 March 2012 and 18 June 2012. Both dates were prior to 42 days. The expiration of his duty limitations was 29 Feb 2012 for the first FA and he was tested on 30 March 2012, twelve days prior to the 42-day mark and without approval from his unit commander. The FA conducted on 18 June 2012 was a complete FA in which he completed the 1.5 mile run in violation of the AF Form 422, Notification of Air Force Member’s Qualification Status. The reason for this violation was that neither he nor his Unit Fitness Program Manager were aware of an updated AF Form 422 indicating he was exempt from the 1.5 mile run. This FA was also scheduled and conducted without the approval of the unit commander prior to the 42-day mark. 2. His request is based on AFI 36-2905, Fitness Program, paragraph 2.11.1.2., which states "Retesting is not recommended during the first 42 days after an unsatisfactory test. Recognized medical guidelines provide that this time is needed to recondition from Unsatisfactory to Satisfactory status in a manner reducing risk of injury. If a member requests, commanders may approve a retest within the 42-day window following an unsatisfactory fitness score. A member wanting to use the full 42-day reconditioning period following an unsatisfactory fitness score will not be required to retest during that period.” In support of his request the applicant submits a personal statement, copies of his AF Forms 469, Duty Limiting Condition Report, AF Forms 422, a Letter of Reprimand (LOR) dated 19 June 2012, and his Letter of Response to the LOR. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant is currently serving in the Regular Air Force in the grade of Technical Sergeant (TSgt), E-6. By letter dated 15 August 2012, AFPC/DPSIM requested the applicant provide additional supporting documentation to substantiate his claim; specifically, copies of his signed fitness assessment score sheet and fitness questionnaire. The applicant provided the additional documentation ________________________________________________________________ AIR FORCE EVALUATION: 1. AFPC/DPSIM recommends partial approval. DPSIM states lAW AFI 36-2905, table 4.3, a member is allowed 42 days for training following the expiration date of their medical exemption. After calculating the applicant’s dates, 42 days from the expiration date of his AF Form 422 would have been 22 March 2012. The applicant had an AF Form 422 dated 31 Aug 2011, with an expiration date of 10 Feb 2012, exempting him from the cardio, sit-ups, and push-ups components. Another AF Form 422 dated 27 Mar 2012 with an expiration date of 6 March 2013, was processed exempting him from the 1.5 mile run only. His FA dated 30 Mar 2012, was performed according to his AF Form 422 dated 27 March 2012. His FA dated 18 Jun 2012 was performed eleven days after the 7 June 2012, expiration date of his AF Form 422s dated 7 Mar 2012. 2. They recommend denial to have the fitness assessment dated 30 Mar 2012 removed from AFFMS however, they recommend approval to have the fitness assessment dated 18 Jun 2012 removed from AFFMS. The complete AFPC/DPSIM evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 3 February 2013 for review and comment within 30 days (Exhibit D). To date, a response has not been received. ________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: 1. The AFBCMR Medical Consultant recommends granting the applicant relief by removing both the 30 March 2012 and 18 June 2012 Fitness Assessments and to reflect he was exempt from testing all portions of the fitness assessment on these dates. 2. The applicant had two significant medical conditions, one treated in 2010 and the other treated in 2011. Because of the long-standing profile restrictions imposed for either one or both conditions (greater than 365 days), he was vulnerable for an MEB and possible medical separation from military service; for which it's apparent that the applicant did not desire. Moreover, the applicant also desired attendance at the Noncommissioned Officers (NCO) Academy, but which required (due to the impending date) completion and likely passing of his Fitness Assessments. Thus, the applicant through self-interest, asked his provider to remove some of his restrictions (as allegedly recommended by the provider), then took an ill-advised Fitness Assessment prior to expiration of the 42 days post- expiration of restrictions; at his own peril at least in one instance. Therefore, hidden within this case there appears to be mutual culpability on the part of the applicant and the Military Department with one not knowing or worse knowing, the motives and actions of the other at a given time. 3. Based upon the evidence of the profiles and Duty-Limiting Conditions Reports and their respective expiration dates, either both fitness failures should be removed or neither should be removed, since it appears the applicant and his provider acted improperly by removing certain profile restrictions to avoid an MEB and the applicant by, then, prematurely taking a Fitness Assessment to meet his needs to attend the NCOA opportunity. Either of the aforementioned actions can be interpreted as either malicious intent or a reflection an individual highly motivated to serve, at the expense of his health (but also a risk to mission). 4. The Board is now asked to identify possible error or injustice on the part of the Military Department, as alleged. The error was the provider's agreement to remove or alter the applicant's profile restrictions. The error was the agreement by fitness testers to test (knowingly or unknowingly) the applicant prior to the recommended 42-day period after expiration of his profile restrictions, then holding him to the standard in clear violation of AF policy in both the March and June 2012 instances; although in at least one instance he reportedly “was not granted permission from his unit commander.” The Medical Consultant opines if there is an injustice, it has been in part created by the applicant himself. To clear any confusion or errors committed by both the applicant and the Air Force, the Medical Consultant recommends removing both the 30 March 2012 and the 18 June 2012 Fitness Assessments; then holding the applicant and his providers to the standards of AFI 48-123, Medical Standards for Continued Military Service, AFI 10-203, Duty Limiting Conditions, and those of AFI 36-2905, Fitness Program, all in the effort to properly manage the health and mission readiness of the Force. The complete AFBCMR Medical Advisor evaluation is at Exhibit E. ________________________________________________________________ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: A copy of the additional Air Force evaluation was forwarded to the applicant on 17 June 2013 for review and comment within 15 days (Exhibit F). To date, a response has not been received. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice. After a review of the evidence of record and the applicant’s submission, we believe that full relief is warranted. We took note of the Air Force office of primary responsibility recommendation; however, we agree with the BCMR Medical Consultant’s assessment that the applicant had long-standing profile restrictions imposed as a result of his significant medical conditions which precluded him from achieving a passing fitness assessment score. Therefore, we are in agreement with the BCMR Medical Consultant‘s recommendation that the two “unsatisfactory” scores dated 30 March 2012 and 18 June 2012 should be removed from the Air Force Fitness Management System. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that the Fitness Assessment (FA) scores dated 30 March 2012, and 18 June 2012 be removed from the Air Force Fitness Management System. ________________________________________________________________ The following members of the Board considered this application in Executive Session on 11 July 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in AFBCMR Docket Number BC-2012-03286: Exhibit A. DD Form 149, dated, 12 July 2012, w/atchs. Exhibit C. Letter, AFPC/DPSIM, dated, 16 October 2012 w/atchs. Exhibit D. Letter, SAF/MRBR, dated 29 October 2012. Exhibit E. Letter, AFBCMR Medical Consultant, dated 28 May 2013. Exhibit F. Message, SAF/MRBC, dated 17 June 2013 Panel Chair